Terms of Service
1. Who we are
These Terms are an agreement between you (the "Client") and CertPayrolls (the "Service," "we," "us"), a service that prepares certified payroll reports from client-provided data for California public-works and federally funded construction projects.
2. What we do
We accept payroll data you upload and return a draft certified payroll report (federal WH-347 and/or California DIR eCPR) and Statement of Compliance for you to sign and submit. We do not run payroll, issue paychecks, file taxes, hold your portal credentials, or submit reports on your behalf.
3. Your responsibilities
- You are responsible for actually paying your workers at or above the applicable prevailing wage rates.
- You are responsible for the accuracy, completeness, and lawfulness of the payroll data, timesheets, and worker roster you upload.
- You are responsible for reviewing each report before signing the Statement of Compliance and submitting the report to the awarding body or general contractor.
- You will not upload data you do not have the right to share with us.
4. Fees and payment
Our current fees are published on our pricing page. Fees for single reports are charged when the report is released. Subscription fees for project plans are charged monthly in advance per active project. Rush fixes are charged at checkout. All fees are in U.S. dollars and are non-refundable except as expressly stated below.
5. Accuracy guarantee
If we make a factual error in preparing a report (for example, applying the wrong wage determination to a classification you correctly identified, or miscalculating overtime), we will correct the report at no additional cost and refund the fee for that specific report. This is your sole and exclusive remedy for a report error attributable to us.
6. Limitation of liability
To the maximum extent permitted by law, our total liability to you under these Terms for any claim arising out of or related to a report or the Service shall not exceed the fees you paid us for that specific affected report. We will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or regulatory penalties assessed against you by any awarding body or general contractor.
7. Service availability
We target 48 business hours turnaround from a complete upload. We do not guarantee uptime of the dashboard or the response time for any individual report. We may schedule or require downtime for maintenance.
8. Acceptable use
You will not: (a) use the Service to prepare fraudulent payroll reports; (b) attempt to access another client's data; (c) resell or sublicense the Service without our written consent; (d) upload malware or interfere with the operation of the Service.
9. Data
Our handling of your data is governed by our Privacy Policy and the terms of our Engagement Agreement.
10. Termination
Either party may terminate at any time. You can cancel subscriptions from the Stripe billing portal; cancellation takes effect at the end of the current billing period. We may terminate immediately for violation of these Terms. Fees already paid are not refundable on termination except under the accuracy guarantee.
11. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The exclusive venue for any dispute is the state or federal courts located in Los Angeles County, California, and the parties consent to personal jurisdiction there.
12. Changes
We may update these Terms. We will give at least 14 days' notice by email for material changes. Continued use of the Service after the effective date is acceptance of the updated Terms.
13. Contact
hello@certpayroll.com